Livestock Management Regulations 2021 (Vic)
Version No. 002
Livestock Management Regulations 2021
S.R. No. 159/2021
Version incorporating amendments as at
31 August 2022
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocations
5Definitions
Part 2—Inspection and certification arrangements and livestock management standards
6Inspection and certification arrangement
7Livestock management standards
Part 3—Biosecurity management plans
Division 1—Preparation of biosecurity management plan
8Prescribed matters to be included in a biosecurity management plan
Division 2—Prescribed biosecurity measures and related procedures at premises to which a biosecurity management plan applies
9Prescribed biosecurity measures
10Procedure to obtain consent of a nominated person at a premises
11Procedure for a nominated person to give notice of consent to a visitor
12Requirements of visitors who have entered and remained on premises
13Withdrawal of consent by a nominated person
14Person in charge or nominated person who withdraws consent must advise permitted worker
Division 3—Prescribed information to be included in signage
15Information to be included in sign affixed at premises
16Requirements for the construction, design, affixing and display of sign affixed at a premises
Part 4—Offences and infringement offences and penalties
Division 1—Offences
17Request for consent must not be false or misleading
18Inspection of notice of consent
Division 2—Infringement offences and penalties
19Infringement offences
20Infringement penalties
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Livestock Management Regulations 2021
S.R. No. 159/2021
Version incorporating amendments as at
31 August 2022
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to prescribe livestock management standards and inspection and certification arrangements for the purposes of the Livestock Management Act 2010; and
(b)to prescribe matters in relation to biosecurity management plans, biosecurity measures, related signage and offences; and
(c)to prescribe infringement offences and infringement penalties for the purposes of Division 7 of Part 5 of that Act.
2Authorising provision
These Regulations are made under section 63 of the Livestock Management Act 2010.
3Commencement
These Regulations come into operation on 20 December 2021.
4Revocations
The following Regulations are revoked—
(a)the Livestock Management Regulations 2011[1];
(b)the Livestock Management Amendment Regulations 2013[2].
5Definitions
In these Regulations—
electronic means includes text message, email and QR code communication;
Land Transport Standard means the Australian Animal Welfare Standards and Guidelines—Land Transport of Livestock, published on 21 September 2012 as amended from time to time;
Note
A copy of this Standard is available from vehicle has the same meaning as in the Road Safety Act 1986;
nominated person means a person nominated in a biosecurity management plan for a premises that applies to a specified part of a premises;
permitted worker means a person who in good faith performs duties for remuneration or on an unpaid or voluntary basis at a premises or a specified part of a premises to which a biosecurity management plan applies, with the consent of a person in charge of livestock at, or the nominated person for, the premises or the part of the premises;
Note
See regulation 14 for what a person in charge or nominated person must do if that person withdraws consent for a person to perform duties at a premises or a part of a premises.
Pig Welfare Standard means the Victorian Standards and Guidelines for the Welfare of Pigs, Revision One 2012, published on 14 March 2012 as amended from time to time;
Note
A copy of this Standard is available from Act means the Livestock Management Act 2010;
visitor in relation to a premises or a specified part of a premises to which a biosecurity management plan applies, means a person other than a person who—
(a)resides at the premises or the specified part of the premises; or
(b)enters and remains at the premises or the specified part of the premises at the invitation of a person who—
(i)resides at the premises or the specified part of the premises; or
(ii)manages a livestock activity at the premises or the specified part of the premises; or
(c)enters and remains at the premises or the specified part of the premises, under the authority of a lease or licence entered into with the owner of the premises and that is in force; or
(d)is a permitted worker.
Part 2—Inspection and certification arrangements and livestock management standards
6Inspection and certification arrangement
For the purposes of paragraph (b) of the definition of inspection and certification arrangement in section 3 of the Act, the following classes of arrangements are prescribed—
(a)an arrangement that is required or administered by the State of Victoria, or the Commonwealth or another State or a Territory in relation to compliance with any legislation relating to the production, management, biosecurity or welfare of animals;
(b)an arrangement that is—
(i)administered by agreement with the State of Victoria, or the Commonwealth or another State or a Territory in relation to compliance with any legislation relating to the production, management, biosecurity or welfare of animals; and
(ii)audited independently of the controlling authority.
7Livestock management standards
For the purposes of the definition of prescribed livestock management standard in section 3 of the Act, the following livestock management standards are prescribed—
(a)the Land Transport Standard;
(b)the Pig Welfare Standard.
Part 3—Biosecurity management plans
Division 1—Preparation of biosecurity management plan
8Prescribed matters to be included in a biosecurity management plan
(1)For the purposes of paragraph (b) of the definition of biosecurity management plan in section 3 of the Act, the following matters must be included in a biosecurity management plan that applies to a premises or a specified part of a premises—
(a)the name and contact details of the nominated person;
(b)a description, map or plan of the premises or the specified part of the premises that accurately describes the boundaries of the premises or the specified part of the premises;
(c)the heading of the biosecurity management plan which must—
(i)include the words "BIOSECURITY MANAGEMENT PLAN"; and
(ii)the address of the premises to which it applies;
(d)the day on which the biosecurity management plan comes into operation;
(e)the name of the person who prepared the biosecurity management plan.
(2)A biosecurity management plan may include the name and contact details of any person who manages livestock activities at a premises or a specified part of a premises to which the plan applies.
Division 2—Prescribed biosecurity measures and related procedures at premises to which a biosecurity management plan applies
9Prescribed biosecurity measures
For the purposes of the definition of prescribed biosecurity measure in section 3 of the Act, the following biosecurity measures are prescribed—
(a)a visitor must not enter or remain in a premises or a specified part of a premises to which a biosecurity management plan applies unless the visitor has the consent of the nominated person to do so which has been obtained in accordance with regulation 10;
(b)a visitor must not interfere with, or disturb, any livestock or thing on a premises or specified part of a premises to which a biosecurity management plan applies unless the visitor has the consent of the nominated person to do so which has been obtained in accordance with regulation 10.
10Procedure to obtain consent of a nominated person at a premises
(1)For the purposes of regulation 9(a), a visitor must—
(a)contact the nominated person, in the manner specified in the sign displayed at the premises or the specified part of the premises and ask for consent to enter or remain in the premises or the specified part of the premises; and
(b)provide the following identifying information to the nominated person—
(i)proof of the visitor's name and current address;
(ii)if the visitor travelled to the premises in a motor vehicle, the registration number of that motor vehicle; and
(c)provide the nominated person with the following information regarding the proposed entry to the premises or the specified part of the premises—
(i)the proposed time of entry and the proposed period of time that the visitor intends to remain on the premises or the specified part of the premises;
(ii)a statement setting out the purpose of the proposed entry to the premises or the specified part of the premises.
(2)For the purposes of regulation 9(b), a visitor must—
(a)contact the nominated person, in the manner specified in the sign displayed at the premises or the specified part of the premises; and
(b)ask for consent to interfere with, or disturb, any livestock or thing at the premises or the specified part of the premises; and
(c)provide the nominated person with a description of the proposed interference with, or disturbance of, the livestock or thing; and
(d)provide the nominated person with a statement setting out the purpose of that proposed interference or disturbance.
(3)A nominated person, on receiving a request for consent under subregulation (1) or (2), may—
(a)accept the visitor's request, and give consent to the visitor; or
(b)refuse the visitor's request, and not give consent to the visitor.
(4)A nominated person who refuses to give consent to a visitor under subregulation (3)(b) must give notice of that refusal to the visitor.
(5)A notice given under subregulation (4) may be given by electronic means.
11Procedure for a nominated person to give notice of consent to a visitor
(1)A nominated person who gives consent to a visitor under regulation 10(3)(a) must give the visitor a notice in writing stating that the consent is given to the visitor.
(2)A notice under subregulation (1) must include the following information—
(a)the name of the visitor;
(b)the name of the nominated person;
(c)the activities to which the consent relates;
(d)the time that the visitor is permitted to enter the premises or the specified part of the premises;
(e)the period of time that the visitor is permitted to remain on the premises or the specified part of the premises;
(f)if the consent relates to a specified part of a premises, a description or map of the area to which the visitor is permitted to enter and remain.
(3)A notice given under subregulation (1) may be given by electronic means.
12Requirements of visitors who have entered and remained on premises
A visitor must, after leaving a premises or a specified part of a premises to which a biosecurity management plan applies, keep the notice given to the visitor under regulation 11 for a period of 28 days after being given the notice.
13Withdrawal of consent by a nominated person
(1)A nominated person may withdraw consent given under regulation 10(3) at any time.
(2)If consent is withdrawn, the nominated person must immediately give a notice in writing of the withdrawal of the consent to the visitor.
(3)A notice of withdrawal of consent under subregulation (2) must contain the following information—
(a)the information specified in regulation 11(2), that relates to the withdrawn consent;
(b)the name of the nominated person.
(4)A notice given under subregulation (2) may be given by electronic means.
14Person in charge or nominated person who withdraws consent must advise permitted worker
If a person in charge of livestock or a nominated person at a premises or a part of a premises to which a biosecurity management plan applies withdraws consent given to a person to perform duties at the premises or the part of the premises, the person in charge or nominated person must immediately advise the person that—
(a)in order to enter or remain on the premises or the specified part of the premises the person is required to obtain the consent of the nominated person as a visitor to carry out an activity referred to in regulation 9; and
(b)the means of contacting the nominated person to obtain that consent.
Division 3—Prescribed information to be included in signage
15Information to be included in sign affixed at premises
For the purposes of section 50A(2)(a) of the Act, the following information must be contained in a sign affixed at a premises or a specified part of a premises to which a biosecurity management plan applies—
(a)the word "STOP" or "VISITORS";
(b)the means of contacting the nominated person who a visitor must contact to obtain consent to carry out any activity referred to in regulation 9;
(c)the specified manner for contacting the nominated person.
16Requirements for the construction, design, affixing and display of sign affixed at a premises
(1)For the purposes of section 50A(2)(c)(i) of the Act, the requirements for the construction and design of a sign referred to in that section are—
(a)the sign must be comprised of sturdy and durable weather resistant material; and
(b)the sign must—
(i)be at least 290 mm by 385 mm;
(ii)display words that are legible and contrast with any background colour.
(2)For the purposes of section 50A(2)(c)(ii) of the Act, a sign referred to in that section must be securely attached to a gate, fence, signpost, building or other solid permanent structure.
(3)For the purposes of section 50A(2)(c)(ii) of the Act, a sign referred to in that section must be displayed—
(a)at every motor vehicle access point of a premises or a specified part of a premises; or
(b)if there is no motor vehicle access point at a premises or a specified part of a premises, at every pedestrian access point of the premises or the specified part of the premises.
(4)For the purposes of section 50A(2)(d) of the Act, the prescribed additional requirements for a sign referred to in that section are that the sign is maintained in good condition and legible.
(5)For the purposes of section 50A(4) of the Act, the prescribed circumstances are the following—
(a)the person is performing a function or duty conferred on the person under this Act or another law;
(b)the person is assisting a member of Victoria Police personnel within the meaning of the Victoria Police Act 2013 who is performing a function or duty conferred on the member under that Act or another law.
Part 4—Offences and infringement offences and penalties
Division 1—Offences
17Request for consent must not be false or misleading
A visitor must not make a request for consent to a nominated person under regulation 10(1) or (2) that includes any information or a statement that is false or misleading.
Penalty:20 penalty units.
18Inspection of notice of consent
A visitor who has been given a notice of consent under regulation 11 that is in force in respect of a premises or a specified part of a premises to which a biosecurity management plan applies, must make that notice available for inspection by an inspector or a police officer at any time that the visitor enters or remains on the premises or the specified part of the premises.
Penalty:20 penalty units.
Division 2—Infringement offences and penalties
19Infringement offences
Regulations 17 and 18 are prescribed for the purposes of section 51 of the Act.
20Infringement penalties
For the purposes of section 52 of the Act, the prescribed infringement penalty for an infringement offence specified in Column 2 of the Table is the amount specified in Column 3 of the Table for that infringement offence.
Table
Column 1
Item No.Column 2
Infringement Offence
Column 3
Infringement Penalty
1 Section 50A For a natural person, 7 penalty units.
For a body corporate, 45 penalty units.
2 Section 50B 3 penalty units 3 Regulation 17 3 penalty units 4 Regulation 18 3 penalty units
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Livestock Management Regulations 2021, S.R. No. 159/2021 were made on 14 December 2021 by the Governor in Council under section 63 of the Livestock Management Act 2010, No. 15/2010 and came into operation on 20 December 2021: regulation 3.
The Livestock Management Regulations 2021 will sunset 10 years after the day of making on 14 December 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Livestock Management Regulations 2021 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Livestock Management Amendment (Animal Activism) Regulations 2022, S.R. No. 70/2022
Date of Making: 30.8.22 Date of Commencement: 31.8.22: reg. 3
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3 Explanatory details
[1] Reg. 4(a): S.R. No. 158/2011 as amended by S.R. No. 29/2013.
[2] Reg. 4(b): S.R. No. 29/2013.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 159/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulations 5 (definition of Land Transport Standard) and 7 | Australian Animal Welfare Standards and Guidelines—Land Transport of Livestock, published by the Commonwealth Department of Agriculture, Fisheries and Forestry on 21 September 2012 | The whole |
| Regulations 5 (definition of Pig Welfare Standard) and 7 | Victorian Standards and Guidelines for the Welfare of Pigs, Revision One 2012, published by the Department of Primary Industries on 14 March 2012 | The whole |
0
0
0